Affidavit of Discrepancy for Philippine Passport Applications: When You Need One and How to Draft It

In the realm of Philippine administrative law, the Department of Foreign Affairs (DFA) maintains a strict "one name, one identity" policy. When applying for or renewing a passport, any inconsistency between your supporting documents—primarily your PSA-issued Birth Certificate and your valid IDs—can halt the process immediately.

This is where the Affidavit of Discrepancy (often specifically called an Affidavit of One and the Same Person) becomes an essential legal instrument.


When Do You Need an Affidavit of Discrepancy?

You will likely be required to submit this affidavit if there is a mismatch in the biographical data across your documents. Common scenarios include:

  • Spelling Errors: Your birth certificate says "Mariano," but your Unified Multi-Purpose ID (UMID) or driver’s license says "Marianne."
  • Name Variations: Using a middle name as a first name in some records, or the omission of a suffix (like "Jr." or "III") in one document while it appears in another.
  • Discrepancy in Date or Place of Birth: A common issue where school records or old IDs list a birth date that differs by a few days or years from the PSA Birth Certificate.
  • Marital Name Confusion: For married women, if the surname used in current IDs does not match the Marriage Contract or the previous passport’s records.

Important Note: If the error is on the Birth Certificate itself (e.g., your name is misspelled on the PSA copy), an affidavit is usually not enough. You may need to undergo a formal correction of entry via R.A. 9048 (Clerical Error Law) or R.A. 10172 (for errors in gender or date/month of birth) at the Local Civil Registrar.


Key Components of the Affidavit

To be legally binding and acceptable to the DFA, the affidavit must be a sworn statement containing specific elements:

1. The Title and Preamble

The document should be titled "Affidavit of Discrepancy" or "Affidavit of One and the Same Person." It begins with your "Identity Statement" (Full name, age, nationality, and residence).

2. The Facts of the Discrepancy

Clearly state which documents are in conflict.

  • Example: "In my Birth Certificate, my first name is spelled as 'Stephen,' but in my Voter’s ID and employment records, it is spelled as 'Steven'."

3. The Affirmation of Identity

The core of the document where you swear under oath that "Stephen" and "Steven" refer to one and the same person—you.

4. The Purpose

Explicitly state that you are executing the affidavit to clarify the discrepancy for your Philippine passport application and for all legal intents and purposes.

5. Signature and Notarization

The affidavit is useless unless signed in the presence of a Notary Public. In the Philippines, this involves the "Jurat"—the part of the document where the notary certifies that you personally appeared and took an oath.


Basic Template: Affidavit of One and the Same Person

REPUBLIC OF THE PHILIPPINES ) CITY OF _______________ ) S.S.

AFFIDAVIT OF DISCREPANCY

I, [YOUR FULL NAME], Filipino, of legal age, [Single/Married], and a resident of [Your Address], after having been duly sworn in accordance with law, do hereby depose and state:

  1. That I am the bona fide holder of a PSA Birth Certificate with Birth Reference No. [Number] which reflects my name as [Name as it appears on Birth Certificate];
  2. That however, in my [Name of ID, e.g., Driver's License or UMID], my name was inadvertently entered as [Name as it appears on the ID];
  3. That the names [Name 1] and [Name 2] refer to one and the same person, the undersigned Affiant;
  4. That I am executing this Affidavit to attest to the truth of the foregoing facts and for the purpose of my Philippine Passport application with the Department of Foreign Affairs (DFA), and for any other legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ______, 20 at [City/Province].


(Signature of Affiant over Printed Name)

SUBSCRIBED AND SWORN to before me this ___ day of _________... [Notary Public Section]


Procedural Reminders for Passport Applicants

  • Submit Originals: The DFA requires the original notarized affidavit plus a photocopy.
  • Check ID Requirements: Ensure you bring the specific IDs mentioned in your affidavit to the appointment. If you claim your ID has the "wrong" name, you must show that ID to the consular officer.
  • Notary Fees: In the Philippines, notarization fees typically range from ₱200 to ₱500, depending on the location and the notary office.

Would you like me to draft a more specific version of this affidavit tailored to a particular type of discrepancy, such as a mismatched birth date or a missing suffix?

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.